Gay

Defendant James C. Gay appeals from his conviction of auto burglary with a prior felony conviction. (Pen. Code, §§ 459, 667.5, subd. (b).) After the jury returned its verdict, Gay moved in propria persona for a new trial, claiming ineffective assistance of trial counsel. That motion was denied. The sole issue on appeal is whether the trial court erred by failing to make an adequate inquiry to determine whether substitute counsel should have been appointed to argue defendant’s new trial motion. We affirm the judgment.

Factual and Procedural Background

On November 8, 1988, Raul Cruz drove his roommate’s car to work, parking on Harrison Street in Oakland between 21st and 22d Streets. After making certain the doors were locked, he left the car about 4:30 p.m.

About 12:45 that evening, Jean Pierre Maratuech was walking at the intersection of Harrison and 20th Streets when he heard the sound of breaking glass. As he continued along Harrison Street, Maratuech saw glass on the sidewalk and noticed one of the windows in the car driven by Cruz had been broken. Hearing noise in the car, he looked inside and saw a Black man wearing dark clothes and a ski hat pulling on the back of…